| Courts - 1916 - 1326 pages
...which he is being tried. On the other hand, the mere " fact that the evidence adduced tends to show the commission "of other crimes does not render it...defence which " would otherwise be open to the accused." The ground for refusing to admit this class of evidence unless within these exceptions is not that... | |
| Edward William Cox - Criminal law - 1895 - 934 pages
...for which he is being tried. On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it...defence which would otherwise be open to the accused. The statement of these general principles is easy, but it is obvious that it may often be very difficult... | |
| Sir William Oldnall Russell, Horace Smith, Alfred Percival Perceval Keep - Criminal law - 1896 - 916 pages
...in the indictment, is admissible for that purpose. ' Although it is not competent for the prosecutor to adduce evidence, tending to shew that the accused...defence which would otherwise be open to the accused.' (#) Thus upon an indictment for uttering a forged bank note, knowing it to be forged, evidence may... | |
| Law - 1898 - 296 pages
...to an issue before the jury, and it may be so relevant if it boars upon the question whether the act alleged to constitute the crime charged in the indictment...defence which would otherwise be open to the accused." Now, there is a statement of the principles upon which evidence which, in effect, would be sufficient... | |
| Law reports, digests, etc - 1910 - 812 pages
...murder case, Makin v. Attorney-General for New South Wales, [1894] AC at p. 65, Herschell, LC, says: "It is undoubtedly not competent for the prosecution...defence which would otherwise be open to the accused." As stated in that case by his Lordship, it is easier to lay down the principle which should govern... | |
| Courtney Stanhope Kenny - Criminal law - 1901 - 574 pages
...Watson, Lord Halsbury, Lord Anhbourue, Lord Macnagliten, Lord Morris, Lord Shand. mitted the oft'ence for which he is being tried. On the other hand, the...defence which would otherwise be open to the accused. The statement of these general principles is easy, but it is obvious that it may often be very difficult... | |
| Law reports, digests, etc - 1922 - 722 pages
...mere fact that the evidence adduced tends to shew the commission of other crimes" (or another crime) "does not render it inadmissible if it be relevant...defence which would otherwise be open to the accused." This principle was followed and applied in Rex v. Bond, [1906] 2 KB 389, and Rex v. Ball, [1911] AC... | |
| Judges - 1904 - 402 pages
...South Wales, 3 in which the Lord Chancellor, in delivering the judgment of the Privy Council, said, " the mere fact that the evidence adduced tends to shew...defence which would otherwise be open to the accused." In Reg. v. Rhodes 5 Lord Russell, CJ, treated it as being quite clear that evidence of this kind was... | |
| Edmund Powell, John Cutler - Evidence (Law) - 1904 - 698 pages
...for which he is being tried. On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it...defence which would otherwise be open to the accused." Where a prisoner was tried for obtaining a cheque from B. by false pretences by means of a cheque which... | |
| William Fuller Alves Boys - Coroners - 1905 - 618 pages
...evidence adduced tends to shew the commission of other crimes does not render it inadmissible if it is relevant to an issue before the jury, and it may be...defence which would otherwise be open to the accused. And upon an indictment for the murder of A. by poison, and there was evidence that three others in... | |
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